The Doctrine of Liberalism for state protection of workers' rights in the Republic of Kosovo

AuthorValon Leci
Vol. 3 No. 3
January, 2018
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Graz-Austria
ISSN 2410-759X
Acces online at
The Doctrine of Liberalism for state protection of workers’ rights in the
Republic of Kosovo
Valon Leci
Employment relationship, as well as safety and health at work are not simply legal relations
concluded between the employer and employee, and which are related to the exercise of the
working activity of the employee for the account of the employer conform to the relevant
salary, but are elds where the most fundamental issues of the doctrine of liberalism and rule of
law are to be targeted. Abstraction from simple legal positions that govern these two concrete
elds and positioning in the theoretical and practical aspect in studying and implementing the
appropriate norms in the protection of human rights, including the right to work to the right
to live, orients us in the conception of a guardian state that ensures the respect of individual
and individuality by respecting its rights and freedoms, the right level of social welfare and
strengthening of state mechanisms. Surely, the rule of law is perceived through the state
mechanisms that are functional and enable the state functioning. Such a group of mechanisms
includes even institutions that supervise the applicability of legal provisions and which are
identied with the justied state violence.
Keywords: Liberalism, law, justice, work, life.
Revealing our claims to dene the right as a eld of study is accompanied with
systematic problems because the eld itself is dicult to be dened and when we add
to this the problem which occurs when we want to treat a theory from the philosophical
perspective, then we see how the philosophical treatment of the right is accompanied
with theoretical problems since the beginning and continues systematically. If we
generalize, however, the viewpoints in general doctrines in relation to what is
such a right, then we can conclude that there are two dierent theories which in
fact orient us to the denitions of the right by comparing or dierencing with other
social norms. These two theories are the theory on natural human rights and theory
of positivism on the right. “There are two basic philosophical doctrines of the right
– natural law theory, oen called natural theory of the right and the theory of legal
positivism.”1This is dened in the same way in the Collins dictionary of law, adding
another category, namely realism. “Jurisprudence 1. Rule of law in philosophical
meaning, considering questions "what is law?". There are many schools of thought;
the main ones are NATURAL LAW, POSITIVISM and REALISM.’’2
While the rst theory treats the law comparing it with other social norms, especially
moral, the second theory totally dierentiates it from the necessity for any imminent
link to any other social norm. While theorists of natural theory insists that the law
1 FatmirZanaj,Filozoaesëdrejtës,Sht.botueseNaimi,Tiranë,p.15.
2 W.J.Stewart,Colinsdictionaryoflaw,SecondEdition,p.223

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